The Kansas City Southern Railway Company-Trackage Rights Exemption-Meridian Speedway LLC, 5906-5907 [06-963]
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Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34772, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, one copy of each
pleading must be served on Ronald A.
Lane, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 920, Chicago, IL
60606–2832.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: January 30, 2006.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6–1488 Filed 2–2–06; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34775]
hsrobinson on PROD1PC70 with NOTICES
Richard J. Corman and R.J. Corman
Railroad Group, LLC—Continuance in
Control; Exemption—R.J. Corman
Railroad Company/Tennessee
Terminal, LLC
Richard J. Corman (Corman) and R.J.
Corman Railroad Group, LLC (Group)
(collectively applicants), have filed a
verified notice of exemption to continue
in control of R.J. Corman Railroad
Company/Tennessee Terminal, LLC
(RJCK), upon RJCK’s becoming a Class
III rail carrier.1
The transaction was scheduled to be
consummated on January 15, 2006.
This transaction is related to the
concurrently filed verified notice of
exemption in STB Finance Docket No.
34772, R.J. Corman Railroad Company/
Tennessee Terminal, LLC—Lease and
Operation Exemption—BNSF Railway
Company. In that proceeding, RJCK
seeks to acquire by lease from BNSF
Railway Company (BNSF) and operate
approximately 46.7 miles of rail lines in
Shelby County, TN, and DeSoto County,
MS.
Group controls seven Class III rail
carriers: R.J. Corman Railroad Company/
Pennsylvania Lines Inc. (Pennsylvania
Lines), R.J. Corman Railroad Company/
Memphis Line (Memphis Line), R.J.
Corman Railroad Company/Western
Ohio Line (Western Ohio Line), R.J.
Corman Railroad Company/Cleveland
Line (Cleveland Line), R.J. Corman
Railroad Company/Bardstown Line
(Bardstown Line), R.J. Corman Railroad
1 Group, a noncarrier holding company, is owned
by Corman and directly controls JCK.
VerDate Aug<31>2005
15:00 Feb 02, 2006
Jkt 208001
Company/Allentown Lines, Inc.
(Allentown Lines), and R.J. Corman
Railroad Company/Central Kentucky
Lines, LLC (Central Kentucky Lines).
Corman also owns R.J. Corman Railroad
Property, LLC (RJRP), a Class III nonoperating rail carrier, and owns a
controlling interest in the Clearfield &
Mahoning Railway Company (CMRC),
also a Class III rail carrier.
Applicants state that: (1) The rail lines
operated by Pennsylvania Lines,
Memphis Line, Western Ohio Line,
Cleveland Line, Bardstown Line,
Allentown Lines, Central Kentucky
Lines, RJRP, and CMRC do not connect
with the rail line being leased by RJCK;
(2) the continuance in control is not part
of a series of anticipated transactions
that would connect the rail line being
leased by RJCK with any railroad in the
Corman corporate family; and (3) the
transaction does not involve a Class I
rail carrier. Therefore, the transaction is
exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49
CFR 1180.2(d)(2). The purpose of the
transaction is to allow Corman and
Group to continue in control of RJCK
after RJCK becomes a Class III rail
carrier.
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. Section 11326(c), however,
does not provide for labor protection for
transactions under section 11324 and
11325 that involve only Class III rail
carriers. Accordingly, the Board may not
impose labor protective conditions here,
because all of the carriers involved are
Class III carriers.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34775, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, one copy of each
pleading must be served on Ronald A.
Lane, Fletcher & Sippel LLC, 29 North
Wacker Drive, Suite 920, Chicago, IL
60606–2832.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: January 30, 2006.
PO 00000
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Fmt 4703
Sfmt 4703
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6–1489 Filed 2–2–06; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34823]
The Kansas City Southern Railway
Company—Trackage Rights
Exemption—Meridian Speedway LLC
Meridian Speedway LLC (MSLLC) has
agreed to grant local and overhead
trackage rights to The Kansas City
Southern Railway Company (KCSR) 1 to
permit KCSR to operate over a line of
railroad being transferred to MSLLC.2
The trackage rights extend over this line
between milepost 0.0 at Meridian, MS,
and milepost 95.26 ± at Jackson, MS,
and between milepost 95.7 ± at Jackson,
MS, and milepost V–169.85 ± at
Shreveport, LA, a total distance of
approximately 320 miles.3
KCSR had intended to consummate
the transaction on the later of two dates,
January 24, 2006, or when the
transaction described in STB Finance
Docket No. 34822 is consummated.
However, by decision served on January
23, 2006, the effective date of the three
exemptions was stayed, at the joint
request of CN, NSR, KCS, KCSR, and
MSLLC, until February 23, 2006.
Accordingly, consummation of the
transaction cannot occur until February
23, at the earliest.
1 A redacted version of the trackage rights
agreement was filed with the notice of exemption.
The full version of the agreement, as required by
49 CFR 1180.6(a)(7)(ii), was filed under seal along
with a motion for a protective order.
2 KCSR’s verified notice of exemption is related
to two other verified notices of exemption filed on
January 17, 2006. In STB Finance Docket No. 34822,
Kansas City Southern (KCS), KCSR, and MSLLC
have filed a notice of exemption relating to an intracorporate family transaction pursuant to which
KCSR will transfer its line between Meridian, MS,
and Shreveport, LA, to MSLLC, KCS will continue
in control of MSLLC (which will become a carrier
upon acquiring the line), and KCSR will contract
with MSLLC to operate the transferred line on
MSLLC’s behalf. In STB Finance Docket No. 34821,
Norfolk Southern Railway Company (NSR) has filed
a notice of exemption to acquire trackage rights over
the line to be transferred to MSLLC in STB Finance
Docket No. 34822.
3 KCSR currently operates via trackage rights over
the approximately four-tenths of a mile section of
track in Jackson, MS, connecting these two line
segments. That section of track is controlled by
Canadian National Railway Company (CN) as
successor to Illinois Central Railroad Company (IC)
pursuant to a trackage rights agreement dated
March 26, 1986, between MidSouth Rail
Corporation and IC.
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03FEN1
Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices
KCSR will use the trackage rights to
continue to provide local rail service to
shippers located on the line once
ownership of the line has transferred
from KCSR to MSLLC. In addition, the
trackage rights will allow KCSR to
transport goods to and from shippers
and other rail carriers between
Shreveport, LA, and Meridian, MS. This
transaction and the transactions covered
by the other two notices of exemption
are part of a joint-venture between KCS
and NSR to share and upgrade the
instant line, a segment of a longer line
located between Meridian, MS, and
Dallas, TX.
As a condition to this exemption, any
employees affected by the trackage
rights will be protected by the
conditions imposed in Norfolk and
Western Ry. Co.—Trackage Rights—BN,
354 I.C.C. 605 (1978), as modified in
Mendocino Coast Ry., Inc.—Lease and
Operate, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If it contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34823, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on: (1) Robert
B. Terry, The Kansas City Southern
Railway Company, P.O. Box 219335,
Kansas City, MO 64121–9335; and (2)
William A Mullins, Baker & Miller
PLLC, 2401 Pennsylvania Avenue, NW.,
Suite 300, Washington, DC 20037.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: January 27, 2006.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06–963 Filed 2–2–06; 8:45 am]
hsrobinson on PROD1PC70 with NOTICES
BILLING CODE 4915–01–P
VerDate Aug<31>2005
15:00 Feb 02, 2006
Jkt 208001
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34821]
Norfolk Southern Railway Company—
Trackage Rights Exemption—Meridian
Speedway LLC—Between Meridian, MS
and Shreveport, LA
Meridian Speedway LLC (MSLLC) has
agreed to grant overhead trackage rights
to Norfolk Southern Railway Company
(NSR) 1 to permit NSR to operate over a
line of railroad being transferred to
MSLLC.2 The trackage rights extend
over this line between milepost 0.0 at
Meridian, MS, and milepost 95.26 ± at
Jackson, MS, and between milepost 95.7
± at Jackson, MS, and milepost V–
169.85 ± at Shreveport, LA, a total
distance of approximately 320 miles.3
NSR had intended to consummate the
transaction on the later of two dates,
January 24, 2006, or when the
transactions described in the two related
verified notices of exemption are
consummated. However, by decision
served on January 23, 2006, the effective
date of the three exemptions was stayed,
at the joint request of CN, NSR, KCS,
KCSR, and MSLLC, until February 23,
1 A redacted version of the trackage rights
agreement was filed with the notice of exemption.
The full version of the agreement, as required by
49 CFR 1180.6(a)(7)(ii), was filed under seal along
with a motion for a protective order.
2 NSR’s verified notice of exemption is related to
two other verified notices of exemption filed on
January 17, 2006. In STB Finance Docket No. 34822,
Kansas City Southern (KCS), Kansas City Southern
Railway Company (KCSR), and MSLLC have filed
a notice of exemption relating to an intra-corporate
family transaction pursuant to which KCSR will
transfer its line between Meridian, MS, and
Shreveport, LA, to MSLLC, KCS will continue in
control of MSLLC (which will become a carrier
upon acquiring the line), and KCSR will contract
with MSLLC to operate the transferred line on
MSLLC’s behalf. In STB Finance Docket No. 34823,
KCSR has filed a notice of exemption to acquire
trackage rights over the line to be transferred to
MSLLC in STB Finance Docket No. 34822.
3 The track segment between milepost 95.26 and
milepost 95.7 at Jackson, MS, is owned by Canadian
National Railway Company (CN). KCSR operates
over the CN-owned segment pursuant to a trackage
rights agreement. While NSR will seek to negotiate
a trackage rights agreement with CN for that
segment as well, KCSR will provide haulage service
for NSR over the CN-owned segment should NSR
exercise the trackage rights under this notice in the
interim.
PO 00000
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5907
2006. Accordingly, consummation of
the transaction cannot occur until
February 23, at the earliest. And NSR
has agreed to exercise the instant
trackage rights only in the event of
certain occurrences described in the
agreement attached to the notice.
NSR will use the trackage rights for
the overhead movement between
Meridian, MS, and Shreveport, LA, of
trains handling certain categories of
intermodal traffic. This transaction and
the transactions described in the two
related notices of exemption are part of
a joint-venture between KCS and NSR to
share and upgrade this portion of the
Meridian Speedway, a line running
between Meridian, MS, and Dallas, TX.
As a condition to this exemption, any
employees affected by the trackage
rights will be protected by the
conditions imposed in Norfolk and
Western Ry. Co.—Trackage Rights—BN,
354 I.C.C. 605 (1978), as modified in
Mendocino Coast Ry., Inc.—Lease and
Operate, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If it contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34821, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on: (1) G. Paul
Moates, Sidley Austin, LLP, 1501 K
Street, NW., Washington, DC 20005; and
(2) James A. Squires, Norfolk Southern
Corporation, Three Commercial Place,
Norfolk, VA 23510–9241.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: January 27, 2006.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06–962 Filed 2–2–06; 8:45 am]
BILLING CODE 4915–01–P
E:\FR\FM\03FEN1.SGM
03FEN1
]]>Agencies
[Federal Register Volume 71, Number 23 (Friday, February 3, 2006)]
[Notices]
[Pages 5906-5907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-963]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34823]
The Kansas City Southern Railway Company--Trackage Rights
Exemption--Meridian Speedway LLC
Meridian Speedway LLC (MSLLC) has agreed to grant local and
overhead trackage rights to The Kansas City Southern Railway Company
(KCSR) \1\ to permit KCSR to operate over a line of railroad being
transferred to MSLLC.\2\ The trackage rights extend over this line
between milepost 0.0 at Meridian, MS, and milepost 95.26
at Jackson, MS, and between milepost 95.7 at Jackson, MS,
and milepost V-169.85 at Shreveport, LA, a total distance
of approximately 320 miles.\3\
---------------------------------------------------------------------------
\1\ A redacted version of the trackage rights agreement was
filed with the notice of exemption. The full version of the
agreement, as required by 49 CFR 1180.6(a)(7)(ii), was filed under
seal along with a motion for a protective order.
\2\ KCSR's verified notice of exemption is related to two other
verified notices of exemption filed on January 17, 2006. In STB
Finance Docket No. 34822, Kansas City Southern (KCS), KCSR, and
MSLLC have filed a notice of exemption relating to an intra-
corporate family transaction pursuant to which KCSR will transfer
its line between Meridian, MS, and Shreveport, LA, to MSLLC, KCS
will continue in control of MSLLC (which will become a carrier upon
acquiring the line), and KCSR will contract with MSLLC to operate
the transferred line on MSLLC's behalf. In STB Finance Docket No.
34821, Norfolk Southern Railway Company (NSR) has filed a notice of
exemption to acquire trackage rights over the line to be transferred
to MSLLC in STB Finance Docket No. 34822.
\3\ KCSR currently operates via trackage rights over the
approximately four-tenths of a mile section of track in Jackson, MS,
connecting these two line segments. That section of track is
controlled by Canadian National Railway Company (CN) as successor to
Illinois Central Railroad Company (IC) pursuant to a trackage rights
agreement dated March 26, 1986, between MidSouth Rail Corporation
and IC.
---------------------------------------------------------------------------
KCSR had intended to consummate the transaction on the later of two
dates, January 24, 2006, or when the transaction described in STB
Finance Docket No. 34822 is consummated. However, by decision served on
January 23, 2006, the effective date of the three exemptions was
stayed, at the joint request of CN, NSR, KCS, KCSR, and MSLLC, until
February 23, 2006. Accordingly, consummation of the transaction cannot
occur until February 23, at the earliest.
[[Page 5907]]
KCSR will use the trackage rights to continue to provide local rail
service to shippers located on the line once ownership of the line has
transferred from KCSR to MSLLC. In addition, the trackage rights will
allow KCSR to transport goods to and from shippers and other rail
carriers between Shreveport, LA, and Meridian, MS. This transaction and
the transactions covered by the other two notices of exemption are part
of a joint-venture between KCS and NSR to share and upgrade the instant
line, a segment of a longer line located between Meridian, MS, and
Dallas, TX.
As a condition to this exemption, any employees affected by the
trackage rights will be protected by the conditions imposed in Norfolk
and Western Ry. Co.--Trackage Rights--BN, 354 I.C.C. 605 (1978), as
modified in Mendocino Coast Ry., Inc.--Lease and Operate, 360 I.C.C.
653 (1980).
This notice is filed under 49 CFR 1180.2(d)(7). If it contains
false or misleading information, the exemption is void ab initio.
Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed
at any time. The filing of a petition to revoke will not automatically
stay the transaction.
An original and 10 copies of all pleadings, referring to STB
Finance Docket No. 34823, must be filed with the Surface Transportation
Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, a
copy of each pleading must be served on: (1) Robert B. Terry, The
Kansas City Southern Railway Company, P.O. Box 219335, Kansas City, MO
64121-9335; and (2) William A Mullins, Baker & Miller PLLC, 2401
Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037.
Board decisions and notices are available on our Web site at http:/
/www.stb.dot.gov.
Decided: January 27, 2006.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 06-963 Filed 2-2-06; 8:45 am]
BILLING CODE 4915-01-P
